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  • Writer's pictureBrandon Hicks

Understanding Understanding Indiana Feticide Laws: IC 35-42-1-6 & Exemptions & Exemptions

At B. Hicks Law, we understand the importance of staying informed about the intricacies of Indiana's legal landscape. In this blog post, we delve into the Indiana Code (IC) 35-42-1-6, which pertains to feticide, and the exemptions that apply. Whether you're a concerned citizen or a legal practitioner, having a grasp of these laws is essential to ensure that you're on the right side of the legal system.

What is Feticide?

Feticide, as defined under IC 35-42-1-6, involves the intentional termination of a human pregnancy with an intention other than producing a live birth or removing a dead fetus. In essence, it deals with cases where a pregnancy is terminated with a different intent, which is considered a Level 3 felony in the state of Indiana.

Exemptions to Feticide Laws

IC 35-42-1-6 provides certain exemptions, acknowledging the complexities of reproductive and medical situations. These exemptions ensure that individuals in specific circumstances are not subject to criminal charges under the feticide law. Here are the key exemptions:

(1) Pregnant Mother Whose Pregnancy is Terminated

The law explicitly states that a pregnant mother whose pregnancy is terminated is exempt from the feticide law. This exemption recognizes that the pregnant woman herself should not be held criminally liable for the termination of her own pregnancy.

(2) Medical Treatment Resulting in Accidental Termination

IC 35-42-1-6 exempts individuals who, in good faith, provide medical treatment to a pregnant woman that unintentionally results in the termination of her pregnancy. This exemption safeguards medical professionals who are acting in good faith to provide necessary medical care to pregnant women, even if the outcome is an unintended termination of the pregnancy.

(3) Physicians Performing a Medical Procedure

In the interest of reproductive rights and women's healthcare, the law allows physicians licensed under IC 25-22.5 to perform medical procedures to terminate a pregnancy at the request of a pregnant woman. This exemption extends to situations where the procedure may not be authorized under IC 16-34-2-1. This provision respects a woman's right to make informed decisions about her reproductive health and ensures that qualified medical professionals can provide the necessary care.

Understanding the nuances of Indiana's feticide laws, as outlined in IC 35-42-1-6, is crucial for both the general public and legal professionals. The exemptions provided in the law aim to balance the protection of unborn life with the recognition of a woman's reproductive rights and the necessity for medical professionals to provide essential care.

B. Hicks Law is dedicated to helping individuals navigate the legal complexities of Indiana's legal system. If you have any questions or concerns about feticide laws, or if you require legal assistance in any other matter, do not hesitate to contact us. We are here to ensure that you receive the guidance and representation you need to protect your rights and interests.

For further legal advice or assistance, please reach out to our experienced legal team at B. Hicks Law. We are here to help you understand and navigate the intricacies of Indiana's legal system.

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